
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9915]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 106--COMMUNITY SERVICES BLOCK GRANT PROGRAM
 
Sec. 9915. Corrective action; termination and reduction of 
        funding
        

(a) Determination

    If the State determines, on the basis of a final decision in a 
review pursuant to section 9914 of this title, that an eligible entity 
fails to comply with the terms of an agreement, or the State plan, to 
provide services under this chapter or to meet appropriate standards, 
goals, and other requirements established by the State (including 
performance objectives), the State shall--
        (1) inform the entity of the deficiency to be corrected;
        (2) require the entity to correct the deficiency;
        (3)(A) offer training and technical assistance, if appropriate, 
    to help correct the deficiency, and prepare and submit to the 
    Secretary a report describing the training and technical assistance 
    offered; or
        (B) if the State determines that such training and technical 
    assistance are not appropriate, prepare and submit to the Secretary 
    a report stating the reasons for the determination;
        (4)(A) at the discretion of the State (taking into account the 
    seriousness of the deficiency and the time reasonably required to 
    correct the deficiency), allow the entity to develop and implement, 
    within 60 days after being informed of the deficiency, a quality 
    improvement plan to correct such deficiency within a reasonable 
    period of time, as determined by the State; and
        (B) not later than 30 days after receiving from an eligible 
    entity a proposed quality improvement plan pursuant to subparagraph 
    (A), either approve such proposed plan or specify the reasons why 
    the proposed plan cannot be approved; and
        (5) after providing adequate notice and an opportunity for a 
    hearing, initiate proceedings to terminate the designation of or 
    reduce the funding under this chapter of the eligible entity unless 
    the entity corrects the deficiency.

(b) Review

    A determination to terminate the designation or reduce the funding 
of an eligible entity is reviewable by the Secretary. The Secretary 
shall, upon request, review such a determination. The review shall be 
completed not later than 90 days after the Secretary receives from the 
State all necessary documentation relating to the determination to 
terminate the designation or reduce the funding. If the review is not 
completed within 90 days, the determination of the State shall become 
final at the end of the 90th day.

(c) Direct assistance

    Whenever a State violates the assurances contained in section 
9908(b)(8) of this title and terminates or reduces the funding of an 
eligible entity prior to the completion of the State hearing described 
in that section and the Secretary's review as required in subsection (b) 
of this section, the Secretary is authorized to provide financial 
assistance under this chapter to the eligible entity affected until the 
violation is corrected. In such a case, the grant or allotment for the 
State under section 9905 or 9906 of this title for the earliest 
appropriate fiscal year shall be reduced by an amount equal to the funds 
provided under this subsection to such eligible entity.

(Pub. L. 97-35, title VI, Sec. 678C, as added Pub. L. 105-285, title II, 
Sec. 201, Oct. 27, 1998, 112 Stat. 2743.)

                  Section Referred to in Other Sections

    This section is referred to in sections 9903, 9908, 9917 of this 
title.
